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Showing Posts In "Canada" Category





Woman accused of posing as a nurse in Ontario may have operated in Vancouver

A woman charged in Ottawa for impersonating a nurse is also under investigation for similar behavior in Vancouver. Brigitte Cleroux was arrested by Ottawa police following an investigation into impersonation, criminal negligence, and fraud-related incidents after allegedly falsely gaining employment and conducting duties as a nurse at a medical and dental clinic in Ottawa. The […]


Bill 64’s Adoption Confirms Overhaul of Québec Private Sector Privacy Law

On September 21, the Québec National Assembly officially adopted Bill 64 – an act to modernize legislative provisions for the protection of personal information. The bill ushers in several new privacy requirements for organizations doing business in Québec. The requirements are now in effect for a period of one, two, and three years. A new […]


White Paper on Modernizing Privacy Protection in Ontario

On June 17, the Ontario Ministry of Government and Consumer Services released a white paper outlining a series of proposals to modernize privacy protection for Ontarians with respect to the private sector, which is currently governed by the federal Personal Information Protection and Electronic Documents Act. The MGCS invites organizations, impacted stakeholders and the general […]


ALBERTA, CANADA COURT DECIDES EMPLOYER CAN RANDOMLY TEST EMPLOYEES IN SAFETY-SENSITIVE POSITIONS FOR DRUGS AND ALCOHOL

In Phillips v. Westcan, 2020 ABQB 764, the Court of Queen’s Bench for Alberta denied an employee’s application for a permanent injunction against his non-unionized employer to prohibit the employer from randomly testing its employees for drugs and alcohol. Phillips v. Westcan is an important decision for non-unionized employers in Canada that wish to make […]


RANDOM ALCOHOL OR DRUG TESTING: WHEN AN EMPLOYER’S RIGHTS INFRINGE AN EMPLOYEE’S RIGHT TO PRIVACY AND INTEGRITY

The validity of drug testing in the workplace has been the subject of extensive case law. Generally, unilaterally implemented random drug testing in a unionized workplace has been found to be impermissible except in limited circumstances, including where there is a demonstrated drug use problem in a dangerous workplace or other “extreme circumstances”. Those cases […]


CANADA’S PRIVACY OVERHAUL: DEEP DIVE INTO KEY TOPICS OF CROSS BORDER TRANSFERS, SERVICE PROVIDER OBLIGATIONS, AI, EMPLOYMENT CONSIDERATIONS AND CLASS ACTION DEVELOPMENTS

On March 3, 2021, McCarthy Tétrault LLP hosted the second session in its two-part series: Canada’s Privacy Overhaul: Deep Dive into Key Topics. A new article provides an analysis of that webinar with a deep dive into key topics regarding Canada’s privacy overhaul.

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PRIVACY COMMISSIONER REPORT – GUIDANCE FOR MANAGING INSIDER THREATS

Employees and other insiders are a significant risk to the security of personal information and other data. A substantial portion of cybersecurity incidents is caused or facilitated by an organization’s insiders, whether acting inadvertently or intentionally. The Privacy Commissioner of Canada recently issued a report that provides guidance for managing insider threats.

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PUBLIC INPUT REGARDING EXEMPTIONS FROM THE POLICE RECORD CHECKS REFORM ACT, 2015 REQUESTED

The Ontario government has published a consultation paper seeking stakeholder input regarding possible changes to the exemptions from the Police Record Checks Reform Act, 2015 (Act). Because the information disclosed as a result of police record checks is often used to assist in determining suitability for employment, employers may wish to offer their input regarding […]


PERSONAL DATA HANDLING AND PROCESSING IN CANADA

In Canada, does the law require that the holding of PII is legitimized on specific grounds, for example, to meet the owner’s legal obligations or if the individual has provided consent? In general, Canadian privacy legislation requires organizations to obtain meaningful consent for the collection, use, and disclosure of PII. What are the seven principles […]


RANDOM ALCOHOL OR DRUG TESTING: WHEN AN EMPLOYER’S RIGHTS INFRINGE AN EMPLOYEE’S RIGHT TO PRIVACY AND INTEGRITY

The validity of drug testing in the workplace has been the subject of extensive case law. Generally, unilaterally implemented random drug testing in a unionized workplace has been found to be impermissible except in limited circumstances, including where there is a demonstrated drug use problem in a dangerous workplace or other “extreme circumstances”. Those cases […]




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